Salish Behavioral Health Organization
Human Services
614 Division Street, MS-23
Port Orchard, WA,  98366
Phone: 360-337-7185 * FAX: 360-337-5721
 
Last Updated:  January 23, 2017

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SALISH BEHAVIORAL HEALTH ORGANIZATION

Salish Behavioral Health Organization Advisory Board

 
SALISH BEHAVIORAL HEALTH ORGANIZATION (SBHO) OUTPATIENT CLIENT RIGHTS

Implemented 4/1/2016

Client and prospective clients, or legally responsible others, are entitled to the following rights when seeking publically funded behavioral health services.

 1. The right to receive information on available treatment options and alternatives presented in a manner appropriate to the enrollee’s condition and ability to understand.

2. The right to participate in decisions regarding your healthcare including the right to refuse any proposed treatment consistent with Chapter 71.05 RCW and 71.34 RCW and 42 CFR 438.100(b)(2)(i-iv).

3. The right to be free from any form of restraint or seclusion used as a means of coercion, discipline, convenience or retaliation, as specified in other Federal regulations on the use of restraints and seclusion.

4. The right to receive emergent, urgent, or crisis services.
• For Medicaid recipients, you have a right to receive post-stabilization services after you receive emergency or urgent care or crisis services that result in admission to a hospital.

5. The right to be treated with respect, dignity and privacy, except that staff may conduct reasonable searches to detect and prevent possession or use of contraband on the premises.

6. The right to receive information you request and help in the language or format of your choice.

7. The right to receive services in a barrier-free location (accessible).

8. The right to receive services that does not discriminate against you. To receive services that are age and culturally appropriate and receive services without regard to race, creed, national origin, religion, gender, sexual orientation, age, or disability.

9. The right to practice the religion of choice as long as the practice does not infringe on the rights and treatment of others or the treatment service. Individual participants have the right to refuse participation in any religious practice.

10. The right to be free from retaliation.

11. The right to be free of any sexual harassment.

12. The right to be free of exploitation, including physical and financial exploitation.

13. The right to request a second opinion from a qualified health care professional at no cost in accordance with 42 CFR 438.206(3).

14. The right to receive, at no cost to you, the services of a certified language or sign language interpreter and written materials in alternate formats to accommodate disability consistent with Title VI of the Civil Rights Act at the time of, or prior to, admission to services.

15. The right to be reasonably accommodated in case of sensory or physical disability, limited ability to communicate, limited English proficiency, and cultural differences as noted in WAC 388-472-0010.

16. The right to receive enrollment notices, informational materials, materials related to grievances, appeals, and administrative hearings, and instructional materials relating to services provided by the BHO, in an easily understood format and non-English language that you prefer.

17. The right to have all clinical and personal information treated in accordance with state and federal confidentiality regulations.

18. The right to review your clinical record in the presence of the administrator or designee and be given an opportunity to request amendments or corrections. You may request a copy of your records and will be told the cost for copying.

19. The right to receive an explanation of all medications prescribed, including expected effect and possible side effects.

20. The right to expect that any research you agree to participate in will be done in accordance with all applicable laws, including DSHS rules on the protection of human research subjects as specified in WAC 388-04.

21. The right to change your behavioral health care provider at any time for any reason (WAC 388-877-0680(1)(b)(xvii)).

22. The right to choose a behavioral health provider for yourself and your child, if your child is under thirteen years of age.

23. The right to receive medically necessary services in accordance with the early periodic screen, diagnosis, and treatment (EPSDT) under WAC 182-534-0100, if you are twenty years of age or younger.

24. The right to receive information about medical advance directives. The right to make an advance directive, stating your choice and preference regarding your physical and behavioral health treatment if you are unable to make an informed decision.

25. If you are currently receiving Medicaid benefits, you will not be billed for Medicaid covered services.

26. For Medicaid recipients, the right to receive the amount and duration of behavioral health services that are medically necessary behavioral health services, consistent with access to care standards adopted by the DBHR in its managed care waiver with the federal government. Access to care standards provide minimum standards and eligibility criteria for behavioral health services and are available on the Behavioral Health Administration's (BHA) Division of Behavioral Health and Recovery (DBHR) website.

27. The right to receive medically necessary behavioral health services outside of the SBHO if those services cannot be provided adequately and timely within the SBHO.

28. The right to receive a copy of agency grievance system procedures upon request and to file a grievance with the agency or SBHO, if applicable, if you believe your rights have been violated or if you are not satisfied with a service. The right to file an administrative hearing with DSHS is available after first exhausting the SBHO grievance process.

29. The right to receive services by the behavioral health Ombuds office to help you in filing a grievance, or appeal, or to request an administrative hearing. The Ombuds’ phone number is 1-888-377-8174.

30. The right to lodge a complaint with the DSHS when you feel the agency has violated a WAC requirement regulating health care agencies.

31. The right to have a mental health professional or SBHO agency advise or advocate for you with respect to 42 CFR 438.102(i-iv) without SBHO restriction.

32. For Medicaid recipients, the right to receive a written Notice of Action from the SBHO so that you can appeal any decision by the SBHO that denies, limits authorization of a requested service, that reduces, suspends, or terminates a previously authorized service, or that denies payment for a service, in whole or in part.

33. The right to receive information about the structure and operation of the SBHO. The right to request a directory of agency providers available in the SBHO that provide alternative languages other than English.

34. The right to freely exercise any and all rights and exercising these rights will not adversely affect treatment by the provider, the SBHO or DSHS.

35. The right to request and receive policies and procedures of the SBHO and behavioral health agencies as they pertain to your rights.

36. The right to request and receive a copy of these rights.

The SBHO ensures the Medicaid rights described above are provided in writing to each Medicaid recipient, and if appropriate, the recipient's legal representative, on or before admission. Upon request, the aforementioned Medicaid rights are given to the Medicaid recipient in an alternative format or language appropriate to the recipient and, if appropriate, the recipient's legal representative. These rights are translated to the most commonly used languages in the agency's service area and posted in public areas.






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